Against Nicomachus

There have been cases, gentlemen of the jury, of persons who, when brought to trial, have appeared to be guilty, but who, on showing forth their ancestors’ virtues and their own benefactions, have obtained your pardon. Since, therefore, you are satisfied with the plea of the defendants, if they are shown to have done some service to the State, it is fair that you should also listen to the accusers, if they show forth a long course of villainy in the accused.

Now, to tell how Nicomachus’s father was a public slave,[*](Owned by the State and employed in the police and other public services.) and what were the man’s own occupations in his youth, and at what age he was admitted to his clan,[*](A subdivision of the tribe, to which admission was usually obtained in infancy.) would be a lengthy affair: but when he became a commissioner for transcribing the laws, it is common knowledge what outrages he committed on the city. For whereas he had been instructed to transcribe the laws of Solon within four months, he usurped the place of Solon as lawgiver, extended his office over six years instead of four months, and day by day, in return for payment, he inserted some laws and erased others.

We were brought to such a pass that we had our laws dispensed to us from his hands, and parties to suits produced opposite laws in the courts, both sides asserting that they had obtained them from Nicomachus. When the magistrates imposed summary fines on him, and brought him up in court, he refused to hand over the laws: nay, the city was already involved in the gravest disasters, and still he had not been relieved of his office, nor had submitted to an audit of his proceedings.

And observe, gentlemen, how, having suffered no punishment for that conduct, he has now turned his new office to similar account: first, he has been transcribing for four years, when he could have discharged his duty in thirty days; and second, although he had definite orders as to the texts that he had to transcribe, he assumed supreme authority over the whole code, and after handling more business than anyone had ever done before he is the only person who has held office without submitting to an audit.

Everyone else, with each new presidency,[*](Every 35 days the presidency of the Council and the Assembly was taken over by a committee of 50 representatives of the 10 tribes. Magistrates on going out of office submitted their accounts to a board of 10 auditors (λογισταί); appointed by the Council, and some minor officers changed with each presidency. ) renders an account of his office; but you, Nicomachus, have not deigned to show your accounts for as much as four years; you, alone of the citizens, claim licence to hold office for a lengthy period, without either submitting to an audit, or obeying the decrees, or respecting the laws: you insert this, and erase that, and carry insolence to such a pitch that you regard the State’s property as yours, who are yourself its slave!

It is your duty, therefore, gentlemen of the jury, to remember what was the ancestry of Nicomachus, and also how ungrateful has been his treatment of you with his illegal acts, and to punish him: so, since you have not made him pay the penalty for each one of them, exact requital now, at any rate, for them all.

It may be, gentlemen, that, failing to find a plea for his own defence, he will try to slander me: but I would ask you only to credit this man’s account of my life when, on having to defend myself, I fail to convict him of falsehood. If by chance he should venture on a repetition of what he stated before the Council,—that I was one of the Four Hundred,—reflect that on the basis of such statements as this the Four Hundred will number more than a thousand; for on those who were still but children at that time, or were not residing here, this aspersion is commonly cast by persons of slanderous intent.

But for my part, so far was I from being one of the Four Hundred that I was not even included in the list of the Five Thousand. And I consider it monstrous that, although in a suit concerning private contracts, had I convicted him as plainly as here of wrongdoing, he would not even himself have expected to obtain an acquittal by resorting to such a defence, he now, on his trial for matters of public interest, is to count on escaping punishment at your hands by accusing me.

Moreover, I find it astonishing that Nicomachus should think fit to stir up resentment against others in this criminal way, when I mean to prove that he hatched mischief against the people. And now listen to me; for it is justifiable, gentlemen of the jury, to admit such accusations in the case of men who, having combined at that time to subvert the democracy, would represent themselves today as democrats.

After the loss of our ships,[*](At Aegospotami, 405 B.C.) when the revolution was being arranged, Cleophon[*](See Lys. 13.7, note.) reviled the Council, declaring that it was in conspiracy[*](i.e., with the oligarchs.) and was not seeking the best interests of the State. Satyrus of Cephisia,[*](An Attic township about 9 miles north-east of Athens.) one of the Council, persuaded them to arrest him and hand him over to the court.

Those who wished to do away with him, fearing that they would fail of a death-sentence in the law-court, persuaded Nicomachus to exhibit a law requiring the Council[*](Mainly consisting of oligarchs, and so likely to condemn Cleophon.) to partake in the trial as assessors. And this man, the worst of villains, was so open in his support of the plot that on the day of the trial he exhibited the law.

Now against Cleophon, gentlemen of the jury, one might have other accusations to urge; but one thing is admitted on all sides,—that the subverters of the democracy desired to get him out of their way more than any other of the citizens, and that Satyrus and Chremon, who were members of the Thirty, accused Cleophon, not from any anger at your fate, but in order that, having put that man to death, they might injure you themselves.

And they achieved their end because of the law which Nicomachus exhibited. Now you may reasonably reflect, gentlemen,—even those of you who thought Cleophon to be a bad citizen,—that, although among those who perished under the oligarchy there were perhaps one or two villains, yet it was on account of even such sufferers that you were incensed against the Thirty, as having put them to death, not for their crimes, but for motives of party.

If, therefore, he tries to rebut this charge, you have merely to remember that he exhibited the law at that very moment when the revolution was being effected, with the aim of gratifying those who had subverted the democracy; and that he included as assessors at the trial that Council in which Satyrus and Chremon had the chief influence, and which put to death Strombichides,[*](See Lys. 13.13, note.) Calliades and a number of loyal and upright citizens.

I should have made no reference to these events had I not learnt that he was going to attempt, by posing as a democrat, to save himself in despite of justice, and that he would produce his exile as a proof of his attachment to the people. But I on my part could point out others among those who combined to subvert the democracy who were either put to death or exiled and debarred from the citizenship,

so that he cannot expect to get any credit on that account. For while this man did contribute his share to your exile, he owed his return to you, the people. And besides, it would be monstrous if you should feel grateful to him for what he underwent against his will, but should exact no requital for his voluntary offences.

I am informed that he alleges that I am guilty of impiety in seeking to abolish the sacrifices. But if it were I who were law-making over this transcription of our code, I should take it to be open to Nicomachus to make such a statement about me. But in fact I am merely claiming that he should obey the code established and patent to all[*](The speaker seems to mean: If I, like Nicomachus, were using the opportunities of a transcriber for the purpose of unauthorized law-making, he might reasonably accuse me of some such innovation as abolishing sacrifices; whereas I merely demand that he should adhere to the established code, about which there is no doubt or secrecy.); and I am surprised at his not observing that, when he taxes me with impiety for saying that we ought to perform the sacrifices named in the tablets and pillars as directed in the regulations, he is accusing the city as well: for they are what you have decreed. And then, sir, if you feel these to be hard words, surely you must attribute grievous guilt to those citizens who used to sacrifice solely in accordance with the tablets.

But of course, gentlemen of the jury, we are not to be instructed in piety by Nicomachus, but are rather to be guided by the ways of the past. Now our ancestors, by sacrificing in accordance with the tablets, have handed down to us a city superior in greatness and prosperity to any other in Greece; so that it behoves us to perform the same sacrifices as they did, if for no other reason than that of the success which has resulted from those rites.

And how could a man show greater piety than mine, when I demand, first that our sacrifices be performed according to our ancestral rules, and second that they be those which tend to promote the interests of the city, and finally those which the people have decreed and which we shall be able to afford out of the public revenue? But you, Nicomachus, have done the opposite of this: by entering in your copy a greater number than had been ordained you have caused the public revenue to be expended on these, and hence to be deficient for our ancestral offerings.

For example, last year some sacrifices, costing three talents, were in abeyance, though they were among those inscribed on the tablets. And it cannot be said that the revenues of the State were insufficient; for if this man had not entered sacrifices to an excess amounting to six talents, there would have been enough for our ancestral offerings, and moreover the State would have had a surplus of three talents. In support of these statements I will add the evidence of witnesses.